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Home My WebLink AboutCC Min 2012-08-131 1 Seal Beach California August 13, 2012 Mayor Pro Tem Miller called the adjourned meeting of the Seal Beach City Council to order at 5:30 p.m. in the City Council Chambers. ROLL CALL Present: Mayor Pro Tem Miller Council Members: Deaton, Shanks, Sloan Absent: Mayor Levitt City Staff: Quinn M. Barrow, City Attorney Jill R. Ingram, City Manager Sean Crumby, Assistant City Manager /Public Works Linda Devine, City Clerk CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda: Item "A" - Conference with Labor Negotiator (Executive and Mid Managers — OCEA - SBSPA) - GC §54957.6; Item "B" - Anticipated Litigation — GC §54956.9(b) — 1 case(s); and Item "C" — Pending Litigation — GC §54957.6(a) - Jack J. Pelenty, et al v. City of Seal Beach, et al., SACV10 -01939 CJC (Ex). The City Council met in closed session to discuss the items listed above and no reportable action was taken. ADJOURNMENT It was the order of the Mayor Pro Tem, with consent of the Council to adjourn the meeting at 6:50 p.m. Approved: Attest: Cit Clerk City of Seal Beach Page 2 - City Council 08/13/12 Seal Beach California August 13, 2012 The City Council and Successor Agency to the Seal Beach Redevelopment Agency met in regular session at 7:00 p.m. with Mayor Pro Tem Miller calling the meeting to order and Councilman Sloan leading the Salute to the Flag. ROLL CALL Present: Absent: City Staff: Mayor Pro Tem /Board Member Miller Council /Board Members: Deaton, Shanks, Sloan Mayor /Chair Levitt Quinn M. Barrow, City Attorney /Agency Counsel Jill R. Ingram, City Manager /Executive Director Sean P. Crumby, Assistant City Manager /Public Works Chief Keith Kilmer, Seal Beach Police Department Shally Lin, Interim Director of Finance Greg Hastings, Interim Director of Community Development Linda Devine, City Clerk/Secretary Deaton moved, second by Shanks, to excuse Mayor Levitt from the August 13, 2012 City Council meeting. AYES: NOES: ABSENT: Deaton, Miller, Shanks, Sloan None Levitt Motion carried APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES The City Attorney announced that "New Business" item "0" relating to the November 6, 2012 General Election requires City Council action before the next City Council meeting — this matter was brought to the attention of city staff after the agenda was posted and falls under Government Code §54954.2(b)(2). Deaton moved, second by Shanks to add this item to the agenda. AYES: NOES: ABSENT: Deaton, Miller, Shanks, Sloan None Levitt Motion carried Councilwoman Deaton requested that item "J" be pulled from the consent calendar for separate consideration. Shanks moved, second by Sloan, to approve the agenda as amended. AYES: NOES: ABSENT: Deaton, Miller, Shanks, Sloan None Levitt PRESENTATIONS /RECOGNITIONS None at this time. Motion carried ORAL COMMUNICATIONS Mayor Pro Tem Miller opened oral communications. Speaker(s): There were eight speakers regarding the Long Beach Transit issue and reiterated their plea for the City to assist in trying to prevent the service of bus route 171 from being discontinued; Mike Buhbe, Central Way, stated his opinion of the roof top structure issue that is before the Planning Commission; and Schelly Sustarsic, Candleberry Avenue, announced that the Founder's Day event is scheduled for October 7, 2012. There being no other speakers, Mayor Pro Tem Miller declared oral communications closed. Page - 3 City Council 08/13/12 CITY ATTORNEY REPORT Quinn M. Barrow, Esq., City Attorney No report given. CITY MANAGER REPORT Jill R. Ingram, City Manager > Update Report on Long Beach Transit issue — Patrick Gallegos, Administrative Manager; > Introduced Diana Bean, new Seal Beach Chamber of Commerce, Executive Director; > Introduced Vikki Beatley, new Director of Finance /City Treasurer and thanked Shally Lin for her services as the interim director; > Report on the following: National Night Out; upcoming Police Department Community meeting in College Park East on August 16th; RAD -Kids program; and National Take Back on September 29th (dispose prescription drugs) — Sgt. Steve Bowles; > Announced the Fall 2012 Recreation Guide has been mailed to all residents and are available at City Hall and at the different facilities; and > Update Report on West County Connector Project — Sean Crumby, Assistant City Manager /Public Works COUNCIL COMMENTS Councilman Shanks commended staff on a well written letter signed by Mayor Levitt extending the sympathy from the City of Seal Beach to the City of Aurora, CO, during their time of the shooting tragedy; and Councilwoman Deaton welcomed the new Director of Finance, commented on the Police Department events, and announced the green fence around the DWP property on 1st Street is scheduled to be taken down this week. COUNCIL ITEMS No items at this time. CONSENT CALENDAR Shanks moved, second by Sloan, to approve the recommended actions on the consent calendar except for item "J" removed for separate consideration. The City Attorney stated that there was a change to the contract with Victoria L. Beatley as the Director of Finance. (page 9 - Section L. Administrative Leave — Employee shall receive 96 48 hours of administrative leave each fiscal year.) AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried *A. Approve the Minutes of the Adjourned and Regular City Council meeting of July 23, 2012. *B. Approved the Demands on Treasury. Warrants: 94263 -94664 Payroll: Direct Deposits & Checks $2,914,834.21 Year -to -Date: $6,983,488.97 $291,026.38 Year -to -Date: $602,342.60 Year -to -date are actual cash disbursements and do not reflect actual expenditures due to year -end accruals. *C. Received and filed the Investment Monthly Report: June 2012. *D. Adopted Resolution No. 6300 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING BUDGET MODIFICATION NO. 13 -02 -01 REVISING THE FISCAL YEAR 2012/13 BUDGET ". (See Agenda Items "G ", "H ", and "1 ") *E. Accepted the resignation from Scott Joslyn as the alternate representing District 4 on the AdHoc General Plan /Local Coastal Plan Citizens Advisory Committee. Page 4 - City Council 08/13/12 *F. Adopted Resolution No. 6301 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY AND VICTORIA L. BEATLEY FOR THE POSITION OF DIRECTOR OF FINANCE /CITY TREASURER" - effective August 14, 2012 at a starting salary of $147,632.28 with benefits. *G. Adopted Resolution No. 6302 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CIVICSTONE INC., FOR IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WITHIN LEISURE WORLD" - in the amount not to exceed $60,000. (Agenda item "D" - Budget Modification No. 13- 02 -01) *H. Received the 2012 Run Seal Beach Grant Funds awarded to the Community Services Department ($12,400), Police Department ($8,000), and Junior Lifeguard Program ($4,600). (Agenda item °D" - Budget Modification No. 13 -02- 01) Adopted Resolution No. 6303 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH DAVID VOLZ DESIGN FOR THE DESIGN OF A MEMORIAL IN SEAL BEACH" (in the amount of $29,000 to prepare a design concept and all necessary construction documents) (Agenda item "D" - Budget Modification No. 13- 02 -01) *J. Pulled from Consent Calendar for separate consideration. (Deaton) *J. City of Long Beach - Animal Control — Adopt Resolution No. 6304 approving Amendment No. 1 to extend current agreement with the City of Long Beach for animal control services and to implement CPI adjustments. *K. Adopted Resolution No. 6305 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR RIVER'S END STAGING AREA AND BIKEWAY ENHANCEMENT PROJECT NO. BP0901" (Golden State Constructors, Inc. in the amount of $1,585,269.61). *L. Adopted Resolution No. 6306 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AMENDMENT NO. 1 TO THE CONTRACT WITH DOMINGUEZ GENERAL ENGINEERING, INC. AND FOR DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENT FOR CONSTRUCTION FOR THE 12 -INCH HELLMAN WATER TRANSMISSION MAIN RELOCATION PROJECT NO. WT0901" (increase construction service cost by $4,670.43 bring the total cost to $457,764.43). *M. Adopted Resolution No. 6307 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING WORK TO BE COMPLETED PER CONTRACT DOCUMENTS FOR 2012 ANNUAL CONCRETE REPAIR PROGRAM PROJECT NO. ST1104" (approved Amendment No. 1 to the contract with Mora's Equipment & Construction, Inc. increasing the project cost by $416.76 bringing the total cost to $47,341.76). ITEMS REMOVED FROM THE CONSENT CALENDAR ITEM "J" / RESOLUTION NO. 6304 / CITY OF LONG BEACH / ANIMAL CONTROL SERVICES / AMENDMENT NO. 1 (Deaton) Councilwoman Deaton pulled this item and inquired about the amount of animal control service that is provided to the Old Town area; indicated that her neighbor contacted her regarding dog owners not obeying the laws like dogs not on leashes, dogs tied to benches outside restaurants on Main Street, and the dog owners not picking up the dogs' feces; and suggested a change in the agreement so that there is more enforcement service in the Old Town area. Suggested Page - 5 City Council 08/13/12 change: remove language in original agreement: Section 2.B.ii. "To patrol the streets and beaches of Seal Beach ossible, to enforce the provisions of the Seal Beach Municipal Code relating to animal control." Ted Stevens, acting Manager of Animal Care Services — City of Long Beach, was present and answered questions from the City Council. With no objections, Mayor Pro Tem so ordered this item be continued to the next City Council meeting in order for staff to contact the City of Long Beach regarding the proposed revision to the animal control service agreement. PUBLIC HEARING ITEM "N" / RESOLUTION NO. 6308 / 2012 -2013 ALLOCATION OF STATE CITIZENS' OPTIONS FOR PUBLIC SAFETY (COPS) FUNDS / SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) GRANT Mayor Pro Tem Miller stated this was the time for consideration of item "N" public hearing. Interim Chief of Police presented a brief staff report for this on -going grant. Mayor Pro Tem Miller opened the public hearing for public comments. There were no speakers — Mayor Pro Tem Miller closed the public hearing. Deaton moved, second by Sloan, to adopt Resolution No. 6308 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING APPROVAL OF THE FISCAL YEAR 2012 -13 CITIZENS OPTION FOR PUBLIC SAFETY - SUPPLEMENTAL LAW ENFORCEMENT SERVICE FUND GRANT EXPENDITURE PLAN AND GRANT" - authorizing the acceptance of funds of approximately $100,000 provided under State Assembly Bill 3229, Chapter 134. AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSENT: Levitt UNFINISHED /CONTINUED BUSINESS No items at this time. NEW BUSINESS (added after posting of agenda) Motion carried ITEM "0" / RESOLUTION NO. 6309 / RECEIVE CERTIFICATION — ONLY ONE CANDIDATE FILED FOR EACH OFFICE TO BE FILLED / ORDINANCE NO. 1622 / WITHDRAW SUBMISSION OF BALLOT MEASURES The City Attorney presented a brief staff report regarding the General Municipal election schedule for November 6, 2012. At the end of the nomination period, August 10, 2012 at 5:00 p.m., only one candidate was nominated for each office to be filled at the election. In the situation where only one person has been nominated for an office, the California Elections Code §10229 provides that the City Council may: 1) Appoint to the office the person who has been nominated; or 2) Hold the election. A notice of these facts needs to be published in a newspaper of general circulation in the City pursuant to §6061 of the Government Code and set a City Council meeting date after the fifth day following the date of publication to either make the appointment(s) or direct an election to be held. Staff recommended that if the election for City offices is cancelled, that the City Council consider withdrawing the Charter amendments from the ballot because there is no urgency to present the proposed Charter amendments at this time and the proposed Charter amendments can be brought back for consideration to be placed on the ballot of a future election. Due to the deadline dates set in the elections code the City Council is asked to adopt the proposed resolution and ordinance at this time and adjourn to August 22, 2012 at 5:00 p.m. to consider the cancellation of the election and appoint the incumbents to fill the offices. Shanks moved, second by Deaton, to adopt Resolution No. 6309 entitled "A RESOLUTION OF THE SEAL BEACH CITY COUNCIL RECEIVING THE CITY CLERK'S CERTIFICATION THAT ONLY ONE CANDIDATE HAS BEEN Page 6 - City Council 08/13/12 NOMINATED FOR EACH OFFICE TO BE FILLED AT THE NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION ". (Notice published in Sun Newspaper on August 16, 2012) AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried Deaton moved, second by Shanks, to adopt Ordinance No. 1622 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING SECTIONS 2 AND 3 OF ORDINANCE NO. 1621 RELATED TO SUBMITTING TO THE CITY'S ELECTORS PROPOSED BALLOT MEASURES AMENDING THE SEAL BEACH CITY CHARTER" - The City Attorney read the title for the record and stated that pursuant to the City Charter the ordinance will be effective immediately. AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried SUCCESSOR AGENCY MATTERS Mayor Pro Tem Miller called the Successor Agency to order at 8:23 p.m. Shanks moved, second by Deaton, to approve the minutes of July 23, 2012. AYES: Deaton, Miller, Shanks, Sloan NOES: None ABSENT: Levitt Motion carried The Agency Legal Counsel stated that there was not a need to go into closed session at this time. CLOSED SESSION The City Attorney announced that the City Council would meet to discuss the items identified on the closed session agenda: item "2" conference with legal counsel — anticipated litigation GC §54957.6(c) ADJOURNMENT With no objections Mayor Pro Tem Miller adjourned the meeting of the Successor Agency and adjourned the City Council meeting at 8:24 p.m. to Wednesday August 22, 2012 at 5:00 p.m. (By previous action of the City Council the August 27, 2012 City Council meeting has been cancelled.) Approved: Attest: 1 11.1;. City Clerk City of Seal Beach